How to get deposit back

violets · 23-09-2010 9:52am #1

I am moving out at the end of my lease but my housemates are staying on and getting other tenants to move in. The landlord told me that I have to get the deposit back from my housemates and that she won't give it to me as they are staying on. I would've thought that because the lease is up I am entitled to get it back from her. Also I gave her one months notice by email.
My housemates are very difficult to deal with - this is the main reason I am moving - and I'm afraid its going to be difficult to get the money from them even if they do get tenants before I move out. Does anyone know where I stand on this

Update: I've just contacted the PRTB and they said I am entitled to get the deposit from the landlord and that if there is a problem I can lodge an application for dispute resolution at a cost of 25 euro. Does this take a long time if it did come to this?

OS119 · 23-09-2010 10:01am

the simple answer is that the person who took your deposit is the person who gives it back.

could you clarify what type of lease it is, and what the paying arrangements are?

djimi · 23-09-2010 10:32am

If you paid your deposit to the landlord then you get it back from the landlord. Assuming you all moved into the house and signed the lease at the same time then all of your leases are up, and if they want to stay on they should be signing another lease without you on it. I would have thought that this being the case everyone should get their deposit back and then use it again when signing the second lease; in reality they would never see the money but you should.

meglome · 23-09-2010 11:28am

violets wrote: »

Does this take a long time if it did come to this?

18 months last i heard

tHE vAGGABOND · 23-09-2010 1:07pm

Quicker and easier to get the deposit from the person taking your room tbh

djimi · 23-09-2010 1:12pm

tHE vAGGABOND wrote: »

Quicker and easier to get the deposit from the person taking your room tbh

I lived in a place where that was the arrangement alright but not everyone would be in favour of such a thing. The problem with doing that is the first tenant pays their deposit, the second tenant takes over, but if it comes to everyone having to get their deposit back and some damage was done while the first tenant was in the house then the second tenant is left out of pocket for something they were not responsible for while the first tenant has made off with their full deposit.

violets · 23-09-2010 3:20pm

Just another question: if the lease is up are you required to give a months notice? Just wondering because if my housemates don't find someone they haven't given a month's notice and we may end up losing the deposit? (I did give notice)

It was a 6 month lease. I pay monthly in advance into the landlords account.

djimi · 23-09-2010 3:45pm

violets wrote: »

Just another question: if the lease is up are you required to give a months notice? Just wondering because if my housemates don't find someone they haven't given a month's notice and we may end up losing the deposit? (I did give notice)

It was a 6 month lease. I pay monthly in advance into the landlords account.

I was going to say you wont lose your deposit; worst case scenario you might end up paying another months rent but I suppose thats the same thing innit...

MRBEAVER · 25-09-2010 8:36am

Common enough to have to find someone to move in after you and to get your deposit back from them. saves landlords hassle of having to find new tenant and often suits other tenants as they can choose who they want to live with. Problems arise if you are unable to find someone to take on new tenancy or if other tenants find someone but do not return deposit. Your options are to hope you get deposit back from new tenant or else withold last months rent in lieu of deposit. Forget about trying to get it back from landlord or the useless PRTB.

Agent J · 25-09-2010 9:32am

You get the deposit back from the landlord. End of story.

People might make arrangements to get it from others/pay others but everyone has to agree to that.

You are entitled to get it back, ask the landlord and if they try to pawn you off then tell them to get it off the other housemates. It is not up to you to chase them.

If they still refuse then mention you will take it to the PRTB and follow it through no matter how long it takes. (I did this. Takes nearly 18 months but i still got it back)

Now. They may not know how it takes and might not be in complete complicance with the PRTB. Were you registered with them at the begining of your tenacy? Every single person in a house has to be registered even if it is only 6 months.You would have gotten a letter. If they didnt register you then a potential 5k fine right there...
Maybe remind them of this.

Giblet · 25-09-2010 9:48am

If the lease is joint and several, the original deposit is held by the landlord until all named tenants are off the lease. What can happen is, a lease may stay active as long as a single original tenant still resides in the dwelling, depending on the terms of the lease. The landlord can keep their original deposit as long as that lease is active. When a new tenant moves in, the old tenant is taken off the lease and then the deposit paid by the new tenant replaces your deposit and you are entitled to it back (as long as the deposit is valued at the same amount held by the landlord, they don't have to accept a reduction). The deposit from the new tenant should be paid to the landlord and then the landlord should give you the old deposit back to balance the deposit out. There is no requirement for a tenant to receive it from a new replacement tenant, but there is no requirement for the landlord to give you your deposit until a new tenant is secure if the lease is indeed joint and several and remains active.

violets · 27-09-2010 3:12pm

Giblet wrote: »

If the lease is joint and several, the original deposit is held by the landlord until all named tenants are off the lease. What can happen is, a lease may stay active as long as a single original tenant still resides in the dwelling, depending on the terms of the lease. The landlord can keep their original deposit as long as that lease is active. When a new tenant moves in, the old tenant is taken off the lease and then the deposit paid by the new tenant replaces your deposit and you are entitled to it back (as long as the deposit is valued at the same amount held by the landlord, they don't have to accept a reduction). The deposit from the new tenant should be paid to the landlord and then the landlord should give you the old deposit back to balance the deposit out. There is no requirement for a tenant to receive it from a new replacement tenant, but there is no requirement for the landlord to give you your deposit until a new tenant is secure if the lease is indeed joint and several and remains active.

Thanks for the replies. Does the above still apply if my lease is up and the remaining tenants will sign a new lease?
I'm also wondering if the remaining tenants do not find someone to replace me will I get my deposit. I have given a months notice and so figure I should be entitled to it but as the others haven't might we be forced to pay another months rent or lose our deposit?

Giblet · 27-09-2010 5:24pm

If there is a new lease, and you aren't on it, it should detail a new deposit which is covered by the tenants on that lease. You should get your deposit back in that case, as you aren't on a lease and they have your money. If you aren't on a lease, and they are holding your money, get it back asap, chase them every day.

How to get deposit back

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